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New NYS gun legislation????????


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Thomas Jefferson argued that "When governments fear the people, there is liberty. When the people fear the government, there is tyranny. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government."

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Sheriffs’ Response to NY SAFE Act

Sheriffs’ Response to NY SAFE Act

Following passage of the SAFE Act by the State Legislature and approval by the Governor, the

Sheriffs now have had the opportunity to review the language of the new law and wish to

make our comments available.  The Sheriffs of New York state support many of the provisions

of the SAFE Act, and believe that they will enhance public safety and help to shield citizens

from gun violence.   However, there are also some parts of this new law that need clarification,

and some that we think should be reconsidered and modified to meet the concerns of the law

enforcement community and the public at large.

We have identified the following six provisions of the new law which we believe are helpful

and will increase the safety of our citizens.  These include:

• Restriction on FOIL requests about pistol permit holders.    By granting citizens the

option of having their names and addresses withheld from public disclosure, the new

law does provide a mechanism to allow people to decide for themselves whether their

personal information should be accessible to the public.  We believe, however, that no

one should have to explain why their personal information should remain confidential.  

A better procedure, we believe, is simply to exempt all this personal information from

FOIL disclosure.   

• Killing of emergency first responders. The new law makes killing of emergency first

responders aggravated or first degree murder, enhancing penalties for this crime and

requiring life without parole.    First responders need this protection, evidenced all too

often by attacks on them when they attempt to provide help, and in special recognition

of the terrible attacks on two firefighters in Webster, NY and attacks on first responders

in Jefferson County.

• Requirement of NICS checks for private sales (except between immediate family).  We

believe that this will ensure that responsible citizens will still be able to obtain legal

firearms through private transactions, with the added assurance that private buyers are

approved by the federal National Instant Criminal Background Check System.    We

remain concerned that this provision will be very difficult to enforce and will likely only

affect law abiding citizens.

• Comprehensive review of mental health records before firearms permits are granted

and review of records to determine if revocation of permits is required.    Sheriffs

believe that there is an urgent need to increase funding for mental health care.    The

new law imposes reporting requirements on many mental health care professionals and

others who may make a determination that a person is a danger to himself or others.

The law further gives needed authority to courts or others who issue firearms permits to

deny permit applications or to revoke permits already issued.  We believe that this issue

demands a much more full and detailed discussion about how to keep guns out of the

hands of such people.  The Sheriffs of New York want to pursue these issues with the

Governor and the State Legislature.

• Safe storage of firearms. The new law provides that guns must be safely stored if the

owner lives with someone who has been convicted of a felony or domestic violence

crime, has been involuntarily committed, or is currently under an order of protection.  

We agree that firearms owners should have the responsibility to make sure that their

weapons are safeguarded against use or access by prohibited persons, and the new law

adds these protections to ensure that weapons are safely and securely stored.

• Increased penalties for illegal use of weapons.    The new law adds several increased

sanctions for violation of New York gun laws and creates new gun crimes which did not

previously exist.  These new provisions will provide added tools for law enforcement to

prosecute such crimes.  We further believe that the new provisions should help deter

future misuse of firearms.  We also suggest that the legislature consider limitations on

plea bargaining for all gun crimes.

We have reviewed other provisions of the new law, and strongly believe that modifications

are needed to clarify the intent of some of these new provisions and that revisions are

needed to allow Sheriffs to properly enforce the law in their counties.   

• Assault weapon ban and definition of assault weapons.    We believe that the new

definition of assault weapons is too broad, and prevents the possession of many

weapons that are legitimately used for hunting, target shooting and self defense.  

Classifying firearms as assault weapons because of one arbitrary feature effectively

deprives people the right to possess firearms which have never before been designated

as assault weapons.  We are convinced that only law abiding gun owners will be affected

by these new provisions, while criminals will still have and use whatever weapons they

want.

• Inspection of schools by state agencies.   The new law transfers to state agencies the

responsibility to review school safety plans.  We expect that funding will be transferred

to these state agencies to implement safety proposals.  Sheriffs and local police provide

this service in all parts of the state and can perform these duties efficiently.  As the chief

law enforcement officer of the county, Sheriffs are in the best position to know the

security needs of schools in their own counties, and the state should help to fund these

existing efforts by Sheriffs and local police departments to keep our schools safe.  

Because Sheriffs and local police are already deeply involved with school safety plans,

have developed emergency response plans, and are familiar with structural layouts of

schools in their counties, they should be included along with state counterparts in any

effort to review school safety plans.

• Reduction of ammunition magazine capacity.    The new law enacts reductions in the

maximum capacity of gun magazines.    We believe based on our years of law

enforcement experience that this will not reduce gun violence.        The new law will

unfairly limit the ability of lawâ€abiding citizens to purchase firearms in New York.       It

bears repeating that it is our belief that the reduction of magazine capacity will not

make New Yorkers or our communities safer.

• Five year recertification of pistol permit status and registration of existing assault

weapons.    The new law delegates to the State Police the duty to solicit and receive

updated personal information of permit holders every five years in order to maintain

these permits.    Further, the law requires owners of certain existing firearms now

classified as assault weapons to register these with the State Police within one year.  

The recertification and registration conflict with Sheriffs’ duties regarding issuance of

pistol permits.   All records should be maintained at the local, and not the state level.  

This information should be accessible to those who are responsible for initial

investigation of permit applications.   Pistol permit information should be maintained in

one file at the local level, and forwarded to a statewide database for law enforcement

use.    It bears repeating that it is our belief that pistol permit and any registration

information required by the law should be confidential and protected from FOIL

disclosure.

• Sale of ammunition.  The new law imposes several new provisions regarding how, and

from whom, ammunition can be lawfully purchased.  The law should be clarified about

the use of the Internet as a vehicle for these sales, outâ€ofâ€state sales to New York

residents, and other issues.  Businesses have said that they do not understand the new

provisions and are concerned that they will have to cease operations.

• Law enforcement exemptions must be clarified.  The new law has many provisions that

might apply to law enforcement officers and there has been much confusion about

whether existing law enforcement exemptions continue to apply.  We understand that

the Governor and Legislature have already agreed to review and modify these

provisions where necessary, and the Sheriffs want to be part of the discussion to make

the changes effective.  Additionally, the exemptions should apply to retired police and

peace officers, and to others in the employ of the Sheriff and other police agencies who

perform security duties at public facilities and events.

• Method of bill passage.    It is the view of the Sheriffs’ Association that anytime

government decides it is necessary or desirable to test the boundaries of a

constitutional right that it should only be done with caution and with great respect for

those constitutional boundaries.    Further, it should only be done if the benefit to be

gained is so great and certain that it far outweighs the damage done by the constriction

of individual liberty.  While many of the provisions of the new law have surface appeal,

it is far from certain that all, or even many, of them will have any significant effect in

reducing gun violence, which is the presumed goal of all of us.    Unfortunately the

process used in adoption of this act did not permit the mature development of the

arguments on either side of the debate, and thus many of the stakeholders in this

important issue are left feeling ignored by their government.  Even those thrilled with

the passage of this legislation should be concerned about the process used to secure its

passage, for the next time they may find themselves the victim of that same process.  

Fortunately, the Governor has shown himself open to working with interested parties to

address some of the problems that arose due to the hasty enactment of this law. We

will work with the Governor and the Legislature on these issues.

• Sheriffs understand their Constitutional obligations and the concerns of constituents

Sheriffs and other law enforcement officers are not called upon by this new legislation

to go doorâ€toâ€door to confiscate any weapons newly classified as assault weapons, and

will not do so.

Sheriffs represent all the people, and we take an oath to uphold the Constitution of the

United States and the Constitution of the State of New York.  Sheriffs will continue to

enforce all laws of the state and will protect the rights of all citizens, including those

rights guaranteed by the Constitution of the United States and the Constitution of the

State of New York

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Maybe I'm off base here but since when did we think that.... accountablilty, and full transparency were part of politics ??? We have been lied too and missdirected for years. Now we expect those in office to be truthfull and uphold the laws of which they were sworn to..... not going to happen. MAYBE if we started with a clean slate we'd have a chance. Sorry I'm really fed up with this whole thing

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NY State New Gun Law:

The voice of Suffolk County’s sportsmen and sportswomen

E-mail: [email protected]

Home page: http://www.SuffolkAlliance.org

NY SAFE Act of 2013

First, the bad news. This is a preliminary analysis of what the bill says. Changes may occur, as proposed

legislative changes, if any, take effect. As of January 22nd, 2013, this is the essence of the statute.

1. Private sales, of all handguns, rifles or shotguns, to anyone, other than an immediate family member

(defined only as spouse, domestic partner, step-child or child), are subject to a background check, through a

dealer. The dealers are not statutorily required to perform these checks and, statutorily, may not charge more

than $10, to do so, which is below the dealer’s cost. If the dealer agrees to perform these NICS checks, that

dealer must keep a written record, of the details of such check, on a form to be provided, by the state, for at

least 20 years, at his/her place of business (no off-premises storage is allowed).

2, Internet sales or purchases, of “assault weapons,†are banned, within NYS, even by dealers.

3. Failing to “safely store†any firearm becomes a misdemeanor. Safe storage includes locks, disassembly

and/or storage, in a container which is “incapable of being opened without the key, combination or other

unlocking mechanism,†making “safe storage†all but legally impossible, if you want a working firearm, capable

of being immediately usable, in the event you might need it.

4. Ammunition magazines would be restricted to contain no more than seven cartridges, provided the

magazine’s permanent capacity is no greater than 10. You may, for the moment, keep your 10 round mags.

Current owners of higher-capacity magazines would have sixty (60) days to sell them, out of state. An owner of

a magazine, with a capacity of 10, caught, at home, with eight or more rounds, in a magazine, will face a

misdemeanor charge.

5. Newly defined “assault weapons†include just about any and all semi-auto rifles, shotguns or handguns,

with detachable magazines and even some, with fixed magazines or tube feeds. They must be registered, within

1 year of the effective date of the statute or sold, out of state, through a dealer.

Here’s the new definition of “assault weapon:â€

(A) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least one of the

following characteristics:

(i) a folding or telescoping stock;

(ii) a pistol grip that protrudes conspicuously (undefined) beneath the action of the weapon;

(iii) a thumbhole stock;

(iv) a second handgrip or a protruding grip (undefined) that can be held by the non-trigger

hand;

(v) a bayonet mount;

(vi) a flash suppressor, muzzle break, muzzle compensator, or threaded barrel designed to

accommodate a flash suppressor, muzzle break, or muzzle compensator;

(vii) a grenade launcher; or

(B) a semiautomatic shotgun that has at least one of the following characteristics:

(i) a folding or telescoping stock;

(ii) a thumbhole stock;

(iii) a second handgrip or a protruding grip that can be held by the non-trigger hand;

(iv) a fixed magazine capacity in excess of seven rounds;

(v) an ability to accept a detachable magazine; or

© a semiautomatic pistol that has an ability to accept a detachable magazine and has at least one of the

following characteristics:

(i) a folding or telescoping stock;

(ii) a thumbhole stock;

(iii) a second handgrip or a protruding grip that can be held by the non-trigger hand;

(iv) capacity to accept an ammunition magazine that attaches to the pistol outside of the pistol

grip;

(v) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip,

or silencer;

(vi) a shroud that is attached to, or partially or completely encircles, the barrel and that permits

the shooter to hold the firearm with the non-trigger hand without being burned;

(vii) a manufactured weight of fifty ounces or more when the pistol is unloaded; or

(viii) a semiautomatic version of an automatic rifle, shotgun or firearm;

(D) a revolving cylinder shotgun;

(E) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic pistol or weapon defined in

subparagraph (v) of paragraph (e) of subdivision twenty-two of Section 265.00 of this chapter as added by

chapter one hundred eighty-nine of the laws of two thousand and otherwise lawfully possessed pursuant to such

chapter of the laws of two thousand prior to September fourteenth, nineteen hundred ninety-four;

(F) a semiautomatic rifle, a semiautomatic shotgun or a semiautomatic pistol or weapon defined in

paragraph (a), (b) or © of this subdivision, possessed prior to the date of enactment of the chapter of the laws

of two thousand thirteen which added this paragraph;

(G) provided, however, that such term does not include:

(i) any rifle, shotgun or pistol that (a) is manually operated by bolt, pump, lever or slide action;

(b) has been rendered permanently inoperable; or © is an antique firearm as defined in 18 U.S.C. 921(a)(16);

(ii) a semiautomatic rifle that cannot accept a detachable magazine that holds more than five

rounds of ammunition;

(iii) a semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed

or detachable magazine; or

(iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof, specified in Appendix A to 18

U.S.C. 922 as such weapon was manufactured on October first, nineteen hundred ninety-three. The mere fact

that a weapon is not listed in Appendix A shall not be construed to mean that such weapon is an assault weapon;

(v) any weapon validly registered pursuant to subdivision Sixteen-A of Section 400.00 of this

chapter. Such weapons shall be subject to the provisions of paragraph (h) of this subdivision;

(vi) any firearm, rifle, or shotgun that was manufactured at least fifty years prior to the current

date, but not including replicas there if that is validly registered pursuant to subdivision sixteen-a of section

400.00 of this chapter;

(H) any weapon defined in paragraph (e) or (f) of this subdivision and any large capacity ammunition

feeding device that was legally possessed by an individual prior to the enactment of the chapter of the laws of

two thousand thirteen which added this paragraph, may only be sold to, exchanged with or disposed of to a

purchaser authorized to possess such weapons or to an individual or entity outside of the state provided that any

such transfer to an individual or entity outside of the state must be reported to the entity wherein the weapon is

registered within seventy-two hours of such transfer. An individual who transfers any such weapon or large

capacity ammunition device to an individual inside New York State or without complying with the provisions

of this paragraph shall be guilty of a class a misdemeanor unless such large capacity ammunition feeding device,

the possession of which is made illegal by the chapter of the laws of two thousand thirteen which added this

paragraph, is transferred within one year of the effective date of the chapter of the laws of two thousand

thirteen which added this paragraph.

S 38. Subdivision 23 of section 265.00 of the penal law, as added by Chapter 189 of the laws of 2000,

is amended to read as follows: “23. Large capacity ammunition feeding device†means a magazine, belt, drum,

feed strip, or similar device, that (a) has a capacity of, or that can be readily restored or converted to accept,

more than ten rounds of ammunition, or (b) contains more than seven rounds of ammunition, or © is obtained

after the effective date of the chapter of the laws of two thousand thirteen which amended this subdivision and

has a capacity of, or that can be readily restored or converted to accept, more than seven rounds of

ammunition; provided, however, that such term does not include an attached tubular device designed to accept,

and capable of operating only with, .22 caliber rimfire ammunition or a feeding device that is a curio or relic.

A feeding device that is a curio or relic is defined as a device that (i) was manufactured at least fifty years prior

to the current date, (ii) is only capable of being used exclusively in a firearm, rifle, or shotgun that was

manufactured at least fifty years prior to the current date, but not including replicas thereof, (iii) is possessed

by an individual who is not prohibited by state or federal law from possessing a firearm and (iv) is registered

with the division of state police pursuant to subdivision sixteen-a of Section 400.00 of this chapter, except such

feeding devices transferred into the state may be registered at any time, provided they are registered within

thirty days of their transfer into the state. Notwithstanding paragraph (h) of subdivision twenty-two of this

section, such feeding devices may be transferred provided that such transfer shall be subject to the provisions

of Section 400.03 of this chapter including the check required to be conducted pursuant to such section.†(End

of the new “assault weapon†definition)

6. Any “mental health professional,†who believes a mental health patient makes a credible threat, to use

a gun, would be required to report it, to a “mental health director,†who must notify the state. Such a patient’s

guns would, then, be automatically taken, from him or her and s/he would be barred from future gun

possession, under this feature. “Mental health professional†is defined as: “shall include a physician,

psychologist, registered nurse or licensed clinical social worker.â€

7. The legislation also increases sentences, for certain types of “gun†crimes, including the shooting of a

first responder, which Cuomo called the “Webster provision.†Last month, in the western New York town of

Webster, two firefighters were killed, after responding to a fire, set by the shooter, who, eventually, killed

himself. This provision, essentially, tells the shooter to go after any available civilians, since the penalty will be

less.

Lastly, the good news: As of the writing of this analysis, four (4) lawsuits have been prepared but not

yet filed, each designed to be heard in federal courts, each separately challenging the Constitutionality of

different parts of the law, on different grounds. Each of those lawsuits has requested, also, that the courts agree

to provide injunctions, prohibiting the implementation of this law, until such time as the courts have decide the

validity of each of the contested areas.

Regardless of the initial decisions, in the federal courts, it is guaranteed that one side or the other will

appeal those decisions, to the US Supreme Court.

Therefore, if the requested injunctive relief is granted, implementation could be delayed, for at least

one year, perhaps forever, if the Supreme Court rules in our favor.

SASI will keep you posted, as things progress

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I guess they weren't happy with the results of the first poll......so they've started another. Hopefully the results are the same as the first one.

http://usatoday30.usatoday.com/news/qui ... up5895.htm

Shawn

Sorry Shawn,

No, that's the same one recycled yet again. look at the date in the URL, 2007. still has the same 97% yes percentage. I must have voted in this one 50 times over the years, I just voted a half dozen more times and it just keeps accepting them ;)

Tim

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the good news: As of the writing of this analysis, four (4) lawsuits have been prepared but not

yet filed, each designed to be heard in federal courts, each separately challenging the Constitutionality of

different parts of the law, on different grounds. Each of those lawsuits has requested, also, that the courts agree

to provide injunctions, prohibiting the implementation of this law, until such time as the courts have decide the

validity of each of the contested areas.

Regardless of the initial decisions, in the federal courts, it is guaranteed that one side or the other will

appeal those decisions, to the US Supreme Court.

Therefore, if the requested injunctive relief is granted, implementation could be delayed, for at least

one year, perhaps forever, if the Supreme Court rules in our favor.

SASI will keep you posted, as things progress

Does anyone have any word on whats going on in the courts with these law suits? Has the law been legally implemented yet or is it suspended?

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He has revised his petition signature goals again first from 1,000, then to 5,000 and now to 10,000, support has been overwhelming, but can never have too many supporters. Give Representative DiPietro your support if you have not already done so

http://www.dipietroforassembly.com/repe ... r_id=60903

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Please pass this on

http://scopeny.org/

Message from S.C.O.P.E

HERE IS A LIST OF SPONSORED BUSES AND INFO ON SPONSORS FOR THE RIDE AND SEAT RESERVATIONS ...CLICK LINK.

http://scopeny.org/unite_for_our_rights.html

UNITE FOR OUR RIGHTS

February 28th - Albany The SAFE ACT MUST GO!!

Assembly Representative Bill Nojay, is asking gun owners across the state to come to Albany on February 28th. SCOPE will be doing everything in its power to support this effort. The time has come to unite for the fight.

Hunters, Archers, Clay Bird Shooters, Bench Rest, Military Match, Practical Police, Bulls eye and all shooters, collectors, pistol permit holders, and just good well informed citizens, this the time to unite! This is not the time for division and petty bickering. Our opponents are actively trying to divide us into groups and sub groups. We can not let them succeed.

We are being called to Albany on February 28th to make our voices heard as one united coalition. The Governors SAFE ACT does nothing to keep anyone safe. It does put onerous and restrictive regulations on law abiding, tax paying citizens that are being singled out by a small minority with an agenda that can only be labeled as dubious.

SCOPE Chapters in upstate are in the process of reserving buses for the trek to Albany. The time is now to make arrangements at work for the day off. Mark your calendars today! Take the wife and kids. Talk it up at your club and gather a contingent that can make the trip. If you absolutely can't make it that day, donate to a Bus Trip so others can. Ask your club to make a donation. Business leaders and other political organizations can help SCOPE defray the cost of the buses too.

We have to stop the divisive tactics of the anti-2A crowd. SCOPE has learned that the Governor’s Chief of Staff Joshua Vlasto wants to approach sportsmen’s groups and explain why he feels that the SAFE Act will not affect sportsmen that much. (His words - not ours.) His strategy is to divide and conquer. We cannot let them convince the duck hunter, goose hunter, skeet shooter or angler to say: “Let them turn in their AR-15's, I don't have one so why should I care.†We (gun owners) must unite and stay united!!!!

We are hearing that the Democratic Legislators are surprised by the negative reaction to their "Yes" vote for the Governors Bill. REALLY??? Anyone that admits surprise by our reaction, demonstrates just how out of touch they are. The Republicans that voted "Yes" are spinning their ill informed decision to no avail. They might as well be saying “They wanted to chop off your arm, but because of my negotiations they will only be allowed them to chop off your hand.†We need to keep up the pressure with letters - phone calls, faxes and emails starting now. We will then follow up with a personal visit on February 28th.

Please go to your upcoming Conservation Club meeting and talk about sending members from each club to Albany. Maybe your club will sponsor their own bus or make a donation for SCOPE Buses.

Start today! Go to the legislative Action Center of SCOPE and send a message of thanks to the legislators that voted “Noâ€, and let the governor’s lackeys know your displeasure for their middle-of-the-night secret negotiations and midnight vote. It only takes a few clicks.

If you or your club is sponsoring a bus to Albany, let SCOPE know the details and we will post it on our web site. Federation of Erie County Sportsmen Club is also sponsoring a bus. More buses will be planned in other cities. We need support and riders in Batavia - Rochester -Henrietta - Syracuse - etc.

This is an important time to unite. We have to show the detached politicians in Albany that the choice they made to ignore us and subjugate us to gain favor from the likes of Andrew Cuomo and Michael Bloomberg was a very bad political decision.

Actions you can do now: Let your Statewide Democratic and Republican Party's know that you as a gun owner will not be contributing anything until the S.A.F.E Act is repealed. Keep up the pressure on those that voted to strip you of your rights.

Use our tool to send a "thank you" the Law Makers that voted Against the SAFE ACT! Next, Keep up the Pressure on those that Voted For the Bill! Tell them to repeal the Bill! Our tool will do all the work for you. Stay tuned for more developing details at SCOPENY.ORG or on our Facebook.

Please forward this to all of your friends and family. Stay Informed with SCOPE

Club Support of SCOPE Needed

Please have someone give a SCOPE Report at your monthly meetings. Your Club can Join or Renew here.

Did you know that the Board of Directors will help you start a chapter in your county

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